July 24, 2019 12:20p; Updated July 25 at 11:40a with closing statements; Updated 5:25p with mistrial, new details
(WGTD)---A former Waterford teacher who was accused of having an inappropriate relationship with an 8th grader seven years ago is off the hook--at least for now.
Jurors in the 2nd degree sexual assault case against 36-year-old Justin Spiegelhoff of Burlington couldn't reach a unanimous verdict after about six hours of deliberations Thursday. Two votes were reported out by the jury foreman: 6-6 and 7-5, according to Judge Mark Nielsen.
Nielsen scheduled a status conference in the case for Aug. 19th. The state has the option of filing a new charge.
During the two-day trial in Racine Court, the victim, who's now a 21-year-old nursing student, described how a close relationship between her and Spiegelhoff eventually crossed the line at times and became sexual in nature. During her testimony Wednesday, the girl struggled at times to control her emotions.
Although she described several instances of alleged sexual contact, the sole criminal count was tethered to an incident that reportedly occurred in the "kiln' room at Washington Caldwell Grade School with no one else around. According to the victim, Spiegelhoff took off his shirt during a discussion about tattoos. He allegedly lifted up the girl's bra and also put his hand down her pants. He quickly apologized and the two hugged.
The girl told two versions of when the incident occurred. In a conversation with an investigator, the girl said it happened after school, but she told the jury Wednesday that it happened during spring break when Spiegelhoff had asked her to join him in the nearly deserted building.
Defense attorney Pat Cafferty pointed to the apparent inconsistency as one example of several. Prosecutor Brian Van Schyndel said any inconsistencies could be explained away.
In his closing statement Thursday, Cafferty also tried to differentiate between the girl's testimony regarding the kiln room incident and a crucial element of what constitutes 2nd degree sexual assault. Cafferty said her story didn't square with the definition of the offense---that direct contact be made with the girl's breast and/or buttocks. Van Schyndel rejected the argument, saying it was nothing more than word play. He urged the jury to use common sense.
The inappropriate relationship occurred during the 2011-2012 school year. The woman said she waited three years before telling anyone because she was scared and embarrassed, and that Spiegelhoff at the time told her not to say anything because he was married. Back then, the woman said she had conflicting feelings about the relationship, but by the end of the year, threw out a necklace that Spiegelhoff had given her because she wanted to forget what had happened.
The sheriff's dept. got involved in the case in 2015 after the girl told her parents. Charges were brought two years later.
Testimony Wednesday included appearances by two school administrators who both said that they were aware at the time of possible issues involving Spiegelhoff and some students, so much so, that the principal sought informal counsel from Waterford's police chief.
Spiegelhoff, who was in the middle of his first full-time teaching job, was put on notice with a warning.
A spokesman for the district attorney's office said a decision had yet to be made on whether to retry the case. Cafferty afterward declined to characterize the mistrial as a victory for his client.
Family and friends of both the victim and defendant were in court for the proceedings.
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